High Court of Australia

Adam v The Queen [2001] HCA 57

207 CLR 96; 75 ALJR 1537; 183 ALR 625

11 Oct 2001

Case Number: S139/2000

Before

Gleeson CJ, Gaudron, McHugh, Kirby, Hayne JJ

Catchwords

Criminal law – Evidence - Whether trial judge erred in admitting prior inconsistent statements of prosecution witness - Relevance of prior inconsistent statements - Application of credibility rule - Exceptions to hearsay rule - Prior inconsistent statements as evidence of the truth of the representations.

Criminal law – Evidence - Unfavourable witnesses - Whether trial judge erred in granting prosecution leave to cross-examine its own witness - Unreliable evidence.

Evidence – Prior inconsistent statements - Relevance of such statements - Whether evidence of the truth of representations - Whether judge erred in granting leave to prosecutor to cross-examine its own witness.

Evidence Act 1995 (NSW) – ss 38(1), 38(3), 38(6), 55(1), 59(1), 60, 102, 103, 192(2).

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